| Citation(s) |
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| 2026 SLG 2232 2026 SLD 2232 = 2026 PCRLJ 957 |
Lahore High Court, Rawalpindi Bench, Rawalpindi
Criminal Appeal No. 531 of 2023, decided on 19th December, 2023.
Presented By: Muhammad Amjad Rafiq, J
Ghulam Rasool v. The State 1992 MLD 2455 and The State v. Sardar Ahmed PLD 1967 Kar. 75 rel. Muhammad Munawar Chughtai for Appellants. Shahid Fareed ADDP and Javed Iqbal Bhaayya, ADPP for the State.
Criminal Appeal No. 531 of 2023, decided on 19th December, 2023.
Presented By: Muhammad Amjad Rafiq, J
Ghulam Rasool v. The State 1992 MLD 2455 and The State v. Sardar Ahmed PLD 1967 Kar. 75 rel. Muhammad Munawar Chughtai for Appellants. Shahid Fareed ADDP and Javed Iqbal Bhaayya, ADPP for the State.
KASHIF NAWAZ and others---Appellants
VERSUS
The STATE and others---Respondents
Law: Penal Code (XLV of 1860)
Section: 180
Law: Criminal Procedure Code (V of 1898)
Section: 19, 480, 482, 486
Penal Code (XLV of 1860) S.180--- Criminal Procedure Code (V of 1898), Ss. 195, 480, 482 & 486--- Refusing to sign charge sheet--- Appreciation of evidence--- Contempt of Court--- Petty offence, appeal against--- Maintainability--- Accused was convicted and sentenced by Trial Court for not signing charge sheet framed against him--- Plea raised by authorities was that appeal was not maintainable as it was a petty offence--- Validity--- If Trial Court considered that any disobedience to its order was committed pursuant to sections mentioned therein then the offender could be imposed a fine of Rs.200/- only after following the procedure under S.481, Cr.P.C. but if the Court had considered that more severe sentence was to be imposed then the Court should have sent the complaint to Magistrate for the purpose of trial under S.482, Cr.P.C.--- Procedure prescribed in S.482, Cr.P.C. had not been followed, rather the Trial Court had directly passed conviction and sentence of imprisonment for 15 days, though the Court was not authorized under S.480, Cr.P.C. nor Trial Court had sent the complaint to Magistrate--- High Court set aside conviction and sentence awarded to accused as the same was nullity in the eyes of law--- High Court repelled the plea of authorities that in petty offences no appeal laid as per mandate of S.413, P.P.C. because when an offender was punished under S.180, P.P.C. pursuant to S.480, Cr.P.C. then appeal against such order was provided under S.486, Cr.P.C.--- High Court acquitted the accused as appeal was competent against conviction and sentence passed by Trial Court--- Appeal was allowed, in circumstances. Date of hearing: 19th December, 2023. Judgment Muhammad Amjad Rafiq, J.---This criminal appeal strikes against the order dated 08.11.2023 passed by learned Additional Sessions Judge, Bahawalpur, whereby the appellants were convicted under section 180 P.P.C and sentenced to undergo fifteen days simple imprisonment along with fine of Rs.500/-, each. in default to further undergo simple imprisonment for three days. 2. The…